Thune says Senate will move FISA bill without SAVE America Act, rebuffing Trump

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Senate Majority Leader John Thune (R-S.D.) on Monday said the Senate will attempt to pass an extension of the Foreign Intelligence Surveillance Act’s (FISA) enhanced surveillance powers without the Safeguard American Voter Eligibility (SAVE America) Act attached, rebuffing President Trump’s demand to link the two bills.

Thune, who has repeatedly warned that letting Section 702 of FISA expire poses a risk to national security, said he would try to move an extension of the controversial surveillance law as a stand-alone measure. The provision, which allows the U.S. to spy on foreigners located abroad without a warrant, lapsed over the weekend.

“We will try and move 702 as soon as we feel like we have the votes to do it,” Thune told reporters.

The GOP leader told Punchbowl News on his way into the Capitol earlier Monday that it would be “unrealistic” to get the SAVE America Act passed simply by attaching it to an extension of FISA authorities.

Thune also expressed hope that the confirmation of Jay Clayton, the U.S. attorney for the Southern District of New York, to be the director of national intelligence would clear the way for Democrats to support reauthorizing Section 702.

“That’s probably all contingent on Clayton getting confirmed and in position,” he said.

Democrats in both chambers blocked the intelligence bill last week because of their objections to Trump’s appointment of Bill Pulte, the Federal Housing Finance Agency director, to serve as acting director of national intelligence.

The SAVE America Act, which would require people to show documented proof of citizenship when registering to vote and photo identification to vote, has long been a top priority of Trump and his conservative allies in Congress who say it is necessary to counter election fraud.

The president on Sunday said he would oppose the FISA extension without the SAVE America Act attached, though Senate Republicans expect he would likely sign the intelligence bill if it arrives at his desk by itself. Trump had previously thrown his support behind a “clean” FISA reauthorization and last week urged Congress to pass a short-term extension.

“A few Dumocrats are against FISA, with or without Bill Pulte going to DNI, as Acting. What kind of a deal is that. Besides, I’m against FISA if it doesn’t come with The Save America Act (Full version!) firmly attached to it. MAKE AMERICA GREAT AGAIN!” Trump posted on Truth Social Monday morning.

Democrats are vehemently opposed to the SAVE America Act, which Senate Democratic Leader Chuck Schumer (N.Y.) has called “Jim Crow 2.0.”

Thune said he talked with the president about extending FISA authorities but didn’t recall discussing the SAVE America Act as well.

Asked if he’s concerned that Trump might veto the intelligence legislation if it doesn’t include the election reform bill, Thune said, “I certainly would hope if we can get FISA off the floor, he would sign it.”

“I just think it’s that important. We’re working really hard to deal with the main Democrat objections to this, which again I think are unfounded, but nevertheless, if we can get Jay Clayton confirmed soon, then I hope we get FISA done,” he said. “I would hope once we do, he’ll sign it.”

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Bill Pulte

Chuck Schumer

Jay Clayton

John Thune

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